NonSAC,
Shoot! Are you politely saying that the document 'BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES' is TO the board not FROM the board?
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Thank you for the considerable procedural assistance that you provide. The Third Party Submission would have been difficult, if not impossible, without your coaching.
I took your earlier advice and telephoned the examiner. Subsequently, two days before the Notice of Appeal was received, the following links were e-mailed to him. They are in addition to the Third Party Submission of Non-Patent Literature.
The so-called 'new ideas' in Sikorsky's patent application;
- were used in the wind tunnel testing of the worlds first successful helicopter and published in An article in the April 1938 issue of Flight. Then, published again in Steve Coates 2003 book 'Helicopters of the Third Reich'.
- were published in NASA's 1981 public report; Practical Feasibility Assessment of Electric Power Propulsion in Small Helicopters using Lithium Hydroxide Battery Technology.
I speculate that Sikorsky will have a difficulty arguing against the 'obvious' [Claim Rejections - 35 USC 103(a)], and an impossibility arguing against the 'pre-existing'.
As always, thank's.
Dave